Before MAJOR, Chief Judge, and DUFFY and SWAIM, Circuit Judges.
Appellant and Peter M. Foley, formerly Chicago policemen, were indicted jointly under a three-count indictment charging in Count 1 that on June 22, 1951, they deposited in the U.S. mails at Chicago, in violation of Title 18, U.S.C.A. § 876, a certain extortion letter addressed to Paul Panczko containing a threat to injure the latter's wife and daughter; charging in Count 2 that on June 25, 1951, they deposited in the mails a second extortion letter to the same addressee containing a threat of injury to his wife and daughter, in violation of the same section; and charging in Count 3 that beginning on June 22, 1951, and continuing through the following June 28, appellant and Foley conspired, in violation of Title 18, U.S.C.A. § 371, to commit the offenses charged in Counts 1 and 2, in connection therewith performing certain overt acts, as follows: (1) that on the dates and places mentioned in Counts 1 and 2, appellant and Foley performed the acts alleged in said counts; (2) that on June 22, 1951, appellant and Foley met and had a conversation concerning Panczko; and (3) that on June 25, 1951, appellant and Foley met and had a conversation concerning Panczko.
To all counts appellant pleaded not guilty. Foley on the other hand pleaded guilty to Counts 1 and 2 and not guilty to Count 3. A jury found appellant not guilty on Counts 1 and 2 and guilty on Count 3, and from judgment of conviction and sentence he prosecutes this appeal. Foley, found guilty and sentenced on all counts, did not appeal. Consequently, we are here concerned with the judgment and sentence imposed on appellant on Count 3.
On June 23, 1951, Mrs. Loretta Panczko, wife of Paul Panczko, took out of her residence mailbox a letter addressed to Mr. Panczko, postmarked June 22, 1951, reading: